Assessing medical malpractice damages—past and future income loss
This article on past and future income loss is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessme…Continue reading the post titled Assessing medical malpractice damages—past and future income loss
Chronic pain and the Minor Injury Guideline
Statutory Accident Benefits are available for those injured as a result of the use or operation of a motor vehicle. They are available regardless of fault. There are three tiers of benefits available: The Minor Injury Guideline (the “MIG”), which allows for up to $3,500.00 of Medical and Reh…Continue reading the post titled Chronic pain and the Minor Injury Guideline
Disputing the Minor Injury Guideline as a standalone issue
The Minor Injury Guideline (the “MIG”) establishes a framework for the treatment of alleged minor injuries in a statutory accident benefits claim. Available medical and rehabilitation benefits for predominantly minor injuries is limited to $3,500.00. However, in certain situations, an accide…Continue reading the post titled Disputing the Minor Injury Guideline as a standalone issue
What is the effect of signing a waiver?
Many of us have had the experience of being presented with a waiver to sign before participating in a recreational activity. What is the effect of signing such a document? This issue was again recently considered in the case of Zaky v 2285771 Ontario Inc. cob Sky Zone Indoor Trampoline Park[…Continue reading the post titled What is the effect of signing a waiver?
Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuit
If you have been injured because of the actions of another, don’t sit and wait to see how things turn out. Our law limits the time you have to start a law suit. The Ontario Court of Appeal in Baig v. Mississauga, 2020 ONCA 697 recently reinforced what is now a well-established principle of l…Continue reading the post titled Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuit
How Canada and the U.S. prohibit pyramid schemes differently
The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries. The Canadian Competition Act specifically def…Continue reading the post titled How Canada and the U.S. prohibit pyramid schemes differently
How to trim eDiscovery costs part three: Leverage technology by adding tools and apps to your review
In my previous blog posts How to trim eDiscovery costs part one: Laying the groundwork, and How to trim eDiscovery costs part two: Review fewer documents and review efficiently, I discussed reducing eDiscovery costs by taking the time to set the stage before documents are exchanged, and by l…Continue reading the post titled How to trim eDiscovery costs part three: Leverage technology by adding tools and apps to your review
Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regime
In Ontario, an individual injured as a result of a motor vehicle accident can claim from the automobile insurance company for various benefits under the Statutory Accident Benefits Schedule (the “SABS”). The purpose of the SABS is to allow an insured individual access to necessary treatment …Continue reading the post titled Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regime
No protection for employers under the Supporting Ontario’s Recovery Act
On Friday, November 20, 2020, the Ontario government enacted the Supporting Ontario’s Recovery Act, 2020 (the “Act”). As discussed by my colleague Anna Stoll in COVID-19 and limiting liability, the Act retroactively limits civil liability for the transmission and/or contraction of COVID-19 i…Continue reading the post titled No protection for employers under the Supporting Ontario’s Recovery Act
Conducting workplace investigations COVID-style
As the COVID-19 pandemic carries on in Canada, it is becoming apparent that virtual workplace investigations may be here to stay for longer than we anticipated and most likely permanently. For many workplace investigators, virtually investigating was a new way of doing things and with nearly…Continue reading the post titled Conducting workplace investigations COVID-style
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